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Graft

The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922

The Cyclopedic Law Dictionary

In equity. A term used to designate the right of a mortgagee in premises to which the mortgagor at the time of making case the new mortgage is considered a graft into the old stock, and as arising in consideration of the former title.

1 Ball & B. 40, 46, 57; 1 Powell, Mortg. 190. See 9 Mass. 84.

The same principle has obtained by legislative enactment in Louisiana. If a person contracting an obligation towards another, says the Civil Code (article 2371), grants a mortgage on property of which he is not then the owner, this mortgage shall be valid if the debtor should ever acquire the ownership of the property, by whatever right.